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Dayton DUI Attorney Charles Rowland > Posts tagged "facebook" (Page 2)

Ohio Supreme Court Rules on DUI Motion To Suppress Issue

The Ohio Supreme Court ruled on a DUI Motion to Suppress issue in State v. Codeluppi, 2012-Ohio-5812.In August of 2011, Officer Ryan M. Young of the North Ridgeville Police Department stopped Ms. Codeluppi on Lorain Road for driving 53 m.p.h. in a 35 m.p.h. zone.  When Officer Young walked to the driver’s window of Ms. Codeluppi’s car, he smelled a strong odor of alcohol coming from the interior of the car. Following an investigation and administration of standardized field sobriety tests, the defendant was arrested for OVI.In her motion to suppress, Ms. Codeluppi asserted that: the officer lacked sufficient reasonable grounds...

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Prom DUI Blitz Underway

Mothers Against Drunk Driving and their partners in law enforcement have begun the annual Prom DUI enforcement blitz that will last throughout the prom season.  So in addition to the tuxedos, the wrist corsages and the awkward pictures; make sure you talk to your teen about drunk driving.  MADD is proclaiming April 21 “PowerTalk21 Day” to encourage parents and teens to talk about alcohol.In recent years, MADD has shifted its focus away from its singular mission of preventing drunk driving, to include an effort to curb underage drinking.  The Prom DUI enforcement is used in conjunction with their efforts at instilling...

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Ignition Interlock Devices For Everyone – We Warned You!

H.B. 469 (Annie's Law) presented at the Ohio Statehouse on Thursday will require an ignition interlock device  be installed on the vehicle of all convicted drunk drivers, including first-time offenders.  Ohio law currently prescribes "blow to go" devices for repeat drunk driving offenders, but not on a first offense.  We have longed warned (previous story HERE) that this was at the top of MADD's agenda and a continuation of their desire to impose penalties on a driver before they are found guilty of an offense.  Essentially, this law is an attack on a person's presumption of innocence.  State Representatives Terry Johnson...

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Happy Presidents Day From DaytonDUI

Happy Presidents Day from all of us at Babb & Rowland. In honor of Presidents Day, we will be closed on Monday February 17, 2014.  You can still reach Charles Rowland at my 24/7 DUI Hot-line: (937) 776-2671.  Fill out our short contact form and I will return your call within 1 hour.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  We offer a free text service on our blog which will keep you informed about traffic initiatives in and around the Miami Valley.  Videos about DaytonDUI are available at the DaytonDUI YouTube channel and...

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The Dayton Municipal Court Traffic School Program

The Dayton Municipal Court Traffic School Program enables approved defendants, who have voluntarily entered a Plea of Guilty to a minor misdemeanor traffic citation, issued within the jurisdiction of the Dayton Municipal Court, to have their cases dismissed and no points assessed to their driving records upon successful completion of the program and payment of the program fee.  The Traffic Safety Class fee is $250 and this fee is non-refundable.  The Traffic Safety Class is held at the Dayton Municipal Court on selected Thursdays from 5:30 p.m. to 7:30 p.m.The Prosecutor’s Office will review each minor misdemeanor traffic case individually...

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What Is Community Control?

Probation is now called "community control" and provides for terms and conditions you must comply with in order not to go to jail.Community control requires you to work with a "probation officer" (P.O.) for a given period of time as set by the court.  A common misconception is that the probation officer will actively work against you in an effort to return you to jail.  Most of the time, the probation officer is working to make sure you comply with the court order and stay out of jail.  It is up to you to show up and make sure the probation...

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Proposed Ohio Alcohol Law Would Loosen Open Container Law

A proposed change in Ohio Alcohol Law would allow folks to walk around with an open container.Senate Bill 116 allows for the creation of municipal entertainment districts in cities where the population is more than 50,000.  Under the law, patrons of establishments that sell beer or liquor would be permitted to take their drinks outside of the bar or restaurant where it was purchased. Only holders of A-2 and D liquor permits would qualify under the proposed law.  The "entertainment districts" would be limited to a one-half mile by one-half mile radius, and contain at least four A-2 and D...

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MADD and NHTSA Push For Expanded Use of Ignition Interlock Devices

Mothers Against Drunk Driving and their government partners at the National Highway Traffic Safety Administration want 2014 to be the year that all states expand the use of ignition interlock devices to include anyone convicted of a drunk driving offense.Currently, ignition interlock devices are used in all 50 states and the District of Columbia. However, states vary widely in how the ignition interlock devices are used and which drivers are required to install them. In West Virginia, for example, interlock devices are only ordered at a judge’s discretion while Michigan mandates their use for drivers who are found with a...

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Limited Driving Privileges Under Ohio Revised Code 4510.021

Q. Can I get limited driving privileges during the pendency of my OVI case?A court may grant limited driving privileges to a person who has had their license suspended pursuant to a pending OVI.  The Ohio Revised Code, 4510.021 limits driving to the following purposes: (1) Occupational, educational, vocational, or medical purposes; (2) Taking the driver's or commercial driver's license examination; and (3) Attending court-ordered treatment.  A court is granted broad discretion to impose restrictions so long as the restrictions are reasonable.  While most courts will not impose an ignition interlock devise or restricted "party" plates on a first offense OVI, the statute...

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Due Process and the Administrative License Suspension

How can it be constitutional for the State to take my license immediately via the Administrative License Suspension?Ohio believes that driving is not a right, but a privilege. See 4511.191  If you are stopped for an OVI, DUI or drunk driving and you refuse to take a chemical test (breath, blood or urine), or if your test results exceed the legal limit of Blood Alcohol Concentration (BAC), the police officer can and will take your driver’s license on the spot causing your drivers license to be suspended immediately.  This pre-conviction suspension is called the ADMINISTRATIVE LICENSE SUSPENSION. The Administrative license suspension is a suspension imposed by the Ohio...

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